GENERAL REQUIREMENTS

Extraordinary Ability Petition

An alien with extraordinary ability in the sciences, arts, education, business or athletics may file an immigrant petition himself. The petition must be accompanied by evidence that the person has sustained national or international acclaim and that the alien's achievements have been recognized in the person's field of expertise. Such evidence must include evidence of a one-time achievement that is a major international recognized award, or at least three of the following:

(1) Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or awards for excellence in the alien's field of endeavor;

(2) Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members as judged by recognized national or international experts in their disciplines or fields;

(3) Published material about the alien in professional or major trade publications or other major media;

(4) Evidence of the alien's participation, either individually or on a panel, as a judge of the work of others;

(5) Evidence of the alien's original scientific, scholarly, artistic, athletic or business-related contributions of major significance;

(6) Evidence of the alien's authorship of scholarly articles in professional or major trade publications or other major media;

(7) Evidence of the display of the alien's work at artistic exhibitions or showcases;

(8) Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation;

(9) Evidence that the alien has commanded a high salary or other significantly high remuneration for services in relation to others in the field; or

(10) Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disc, or video sales.

No offer of employment in the United Sates is required. A labor certification is also not required. The alien must clearly show that he or she is coming to the United States to continue work in the alien's area of expertise; and the alien must show that their entry into the US will substantially benefit prospectively the United States.

Outstanding Professor/Researcher Petition

Any United States employer desiring and intending to employ a professor or researcher who is outstanding in an academic field may file an immigrant petition for the person. The person cannot file the petition himself. The petition must be accompanied by the following.

Evidence that the alien is recognized internationally as outstanding in the academic field specified in the petition. Such evidence must consist of at least two of the following:

(1) Documentation of the alien's receipt of major prizes or awards for outstanding achievement in the academic filed;

(2) Documentation of the alien's membership in associations in the academic field which require outstanding achievements of their members;

(3) Published material in professional publications written by others about the alien's work in the academic field. Such material shall include the title, date and author of the material, and any necessary translation;

(4) Evidence of the alien's participation, either individually or on a panel, as the judge of the work of others in the same or an allied academic field;

(5) Evidence of the alien's original scientific or scholarly research contributions to the academic field; or

(6) Evidence of the alien's authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field.

Evidence that the alien has at least three years of experience in teaching and/or research in the academic field. Experience in teaching or research while working on an advanced degree will only be acceptable if the alien has acquired the degree, and if the teaching duties were such that the alien had full responsibility for the class taught or if the research conducted toward the degree has been recognized within the academic field as outstanding. Evidence of teaching and/or research experience shall be in the form of letter(s) from current or former employer(s) and shall include the name, address and title of the writer, and a specific description of the duties performed by the alien.

A labor certification is not required for this classification. However, an offer of employment from a prospective United Sates employer is required. The offer of employment shall be in the form of a letter from:

A United States university or institution of higher learning offering the alien a tenured or tenure-track teaching position in the alien's academic field;

A United States university or institution of higher learning offering the alien a permanent research position in the alien's academic field; or

A department, division or institute of a private employer offering the alien a permanent research position in the alien's academic field. The department, division or institute must demonstrate that it employs at least three people full-time in research positions, and that it has achieved documented accomplishments in an academic field.